1 month ago
Woman Seeks IVF Use After Husband Withdraws Consent
A woman in Bengaluru wants to use her husband’s frozen sperm to have a baby after he said he didn’t want to.
She asked the court because the law says both people must agree to use the sperm.
Her lawyer says the husband’s earlier donation meant he agreed.
The government says only couples who are still married can use the law.
The court will decide later and asked her to look for other laws if this one doesn’t help.
The case shows how new technology can create new legal problems.
A 41‑year‑old woman in Bengaluru is seeking court permission to use her estranged husband’s frozen sperm for IVF after he withdrew consent and filed for divorce.
The case challenges Section 22 of the Assisted Reproductive Technology (Regulation) Act, 2021, which requires written consent from all parties before any ART procedure.
The woman’s counsel argues that the husband's earlier act of donating sperm implied consent and that denying her access violates her right to motherhood.
The Central government’s counsel maintains that only a commissioning couple, widow, or divorcee is eligible for ART, and that the couple’s marriage is still subsisting, so the woman is not eligible.
The Karnataka High Court has adjourned the hearing to August 18, asking the woman to explore other legal provisions if the ART Act does not apply.
- Who
- 41‑year‑old woman and her estranged husband, represented by counsel Mir Parveez Ahamed and Sadhana S Desai
- What
- Petition to use husband's frozen sperm for IVF after consent was withdrawn and divorce filed
- Where
- Karnataka High Court, Bengaluru, India
- When
- Case heard July 28, hearing adjourned to August 18; marriage in 2022; six IVF treatments already done
- Why
- Woman seeks motherhood; husband withdrew consent and filed for divorce, raising legal questions about consent and ART Act eligibility
Key facts
- Court
- Karnataka High Court
- Petitioner
- 41‑year‑old woman (unnamed)
- Respondent
- Husband (unnamed)
- Legal Act
- Assisted Reproductive Technology (Regulation) Act, 2021
- Status
- Hearing adjourned to August 18
Quotes
Mir Parveez Ahamed
Lawyer representing the woman
“My eggs and his sperm are with the clinic, and I am impaired without his consent.”
indianexpress.com
“They have already approached as a commissioning couple.”
indianexpress.com
Sources
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